The Minced Meat and Meat Preparations (Hygiene) Regulations 1995

PART IIAPPROVAL OF PREMISES

Approval of premises

4.—(1) No person shall use any premises for the production of minced meat or meat preparations intended for consignment or sale for consignment to a relevant EEA State for human consumption unless those premises are approved under this regulation and comply with the appropriate requirements of the Schedules to these Regulations.

(2) Subject to paragraph (3) below, on an application made to it under this regulation the approval authority shall approve the premises to which the application relates—

(a)where the premises are licensed premises or premises approved under the Meat Products Regulations—

(i)for the production of minced meat if it is satisfied that the requirements of Schedule 1 are met; and

(ii)for the production of meat preparations if it is satisfied that the requirements of Schedule 2 are met; or

(b)where the premises are independent premises, for the production of minced meat and meat preparations if it is satisfied that the requirements of Schedule 3 are met,

and shall refuse so to approve those premises if it is not so satisfied.

(3) In the case of non-industrial premises the following derogations from the structural requirements for premises shall apply—

(a)taps near work stations may be hand-operable;

(b)an adequate number of lockers will suffice in place of changing rooms; and

(c)the manufacture and wrapping of meat preparations may take place in the same room, provided that—

(i)those operations constitute a single production cycle complying with the requirements of these Regulations and guaranteeing the safety of the raw materials and finished products; and

(ii)the design and dimensions of the room so allow.

(4) Each application for approval under this regulation shall be made in writing by the occupier of, or a person proposing to occupy, the premises to which the application relates.

(5) Any premises approved under this regulation shall be allocated an approval number.

(6) The approval authority shall notify the applicant in writing of its decision on an application under this regulation and of the reasons for any refusal to grant approval.

Revocation of approvals

5.—(1) Subject to paragraph (3) below and to regulation 6(3), the approval authority may revoke an approval granted by it in respect of any premises if it is satisfied that—

(a)the premises no longer comply with these Regulations;

(b)adequate health inspection of the premises is being hampered;

(c)the business carried on at the premises in respect of which the approval was granted is no longer being carried on there; or

(d)the premises have become exempt under regulation 3.

(2) The approval authority shall give the occupier of the premises notice of revocation in writing, stating—

(a)the date on which the revocation is to take effect; and

(b)the reasons for the revocation.

(3) An approval may not be revoked under paragraph 1(a) or (b) above unless—

(a)there is in force in relation to the premises—

(i)a prohibition order under section 11 of the Act; or

(ii)an emergency prohibition order under section 12 thereof; and

(b)under the order minced meat or meat preparations may no longer be produced at the premises.

(4) In paragraph (2) above “occupier”, in relation to a proposed revocation by virtue of paragraph (1)(c) above, where the premises are vacant, means the last person known to the approval authority to have carried on at the premises the business of producing minced meat or meat preparations or his successor in respect of that business.

Right of appeal

6.—(1) Any person who is aggrieved by the refusal or revocation of an approval may appeal to a magistrates' court or, in Scotland, to the sheriff.

(2) Section 37(3) to (6) of the Act shall have effect in relation to an appeal under this regulation as it has effect in relation to an appeal under that section but with the omission of—

(a)the references to appeals for which provision is made by regulations under section 37(2); and

(b)subsection (5)(b) and the word “or” immediately preceding it.

(3) A revocation shall not take effect until the time for appealing against it has expired and, if an appeal is lodged, until the appeal is finally disposed of or abandoned.